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1973 Supreme(Pat) 175

S.K.JHA, S.N.P.SINGH, N.L.UNTWALIA
Saratchandra Mandal – Appellant
Versus
Phani Bhusan Singh – Respondent


Judgment

Untwalia, J.

1. A Bench of this Court has formulated a question of law in this Letters Patent Appeal and referred it to a Full Bench for its opinion under Rules 1 and 3 of Chapter V, Part II of the Patna High Court Rules. The question of law referred to is in the following terms:-

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"Whether an Election Tribunal has got power to allow amendment of the verification of an election petition challenging the election of a Gram Panchayat in this State, if it is not verified in accordance with the requirements of the Code of Civil Procedure and whether it is imperative for the Tribunal to dismiss the petition without affording an opportunity to the election petitioner for amending it ?"

2. Respondent No. 1 was the elected Mukhiya of Gamaria Gram Panchayat in the district of Dhanbad. The appellant filed an election petition before the Election Tribunal for setting aside the election of respondent No. 1 and for declaring him duly elected to the office of the Mukhiya in accordance with the Bihar Panchayat Election Rules, 1939 (hereinafter called the Rules). The petition was contested by respondent No. 1 on various grounds. The Election Tribunal framed several issues for trial, and de

































































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